The massive Hilltop shopping center complex proposed for land adjacent to Exit 56 off I‑95 is officially dead.
The developer, Churchill & Banks of Rhode Island, took the final step last week, filing a motion to withdraw its appeal to reverse an Inland Wetlands decision denying an application to build on the site.
In a one-page motion filed in Connecticut Superior Court in New Haven, the company’s attorneys wrote: “Current economic conditions and forecasts have led Churchill & Banks to re-evaluate its proposed development and it no longer intends to proceed with the development as presently designed.”
The company had control of the site because it had an option to build, pending permits from the town’s Inland Wetlands and the Planning and Zoning Commissions.Last month, a hearing scheduled before P&Z last month was abruptly withdrawn but it was unclear whether the company would resubmit another application since its Wetlands appeal was still pending.
In court papers, the company also stated it “has recently surrendered control of the site,” meaning it no longer has an option with the property owner and presumably is no longer paying him whatever fees came with the option.
“The continued litigation this appeal currently would serve no legitimate purpose. Therefore Churchill & Banks requests permission to withdrawn this appeal without costs to any party.”
The court is expected to OK the request.
With this, the proposed construction of one of the largest shopping centers in Branford came to end after more than two years of controversy.
The property is owned by members of the Cooke family. Wayne Cooke and his family live near the site. The developer’s option to build was contingent on obtaining approvals and permits to build.
From the outset the company was met with skepticism from Inland Wetlands and Planning & Zoning, especially when it conceived of putting a Target department store near the Branford River atop a steep hill from which it could glow into the night. The developer soon quashed that part of the plan.
In addition there was the impediment known as zoning for the 49.2 acres of what was once farmland. It was not zoned for commercial development but for light industrial development, even though there are many exceptions in the area.
To deal with the zoning issue, the developers sought an overlay zone that would enable them to construct their retail mecca. That didn’t fly, especially when the town’s land attorney, Michael Zizka, told the P&Z to reject the plan because the town was not sufficiently protected at various stages of review. That was in October.
Over the last two years, Cooke has been incensed at the process, repeatedly accusing public officials of acting unfairly and with a hidden agenda when it came to the creation of the town’s ten year plan for Conservation and Development.
Cooke objects to the plan, now adopted, because in its various drafts it went from permitting retail use at Exit 56 to not permitting it to finally arriving at a compromise that would consider it.
During this period, Cooke has been a one-man show, publicly denouncing various officials whenever he gets the chance to do so. He has talked at Board of Selectmen meetings, Planning and Zoning meetings and this week at the Representative Town Meeting where besides talking, various sections of four letters that he had sent to the RTM were read into the record.
Toward the end of the meeting Dennis Flanagan, the Republican RTM clerk, said he favored an inquiry into the propriety of town actions because Cooke had raised these issues. Frank Twohill, the Republican minority leader, endorsed the idea.
Democratic RTM member Joshua Brooks, who represents residents near Exit 56, disagreed: “If we are going to get into the business of questioning every move made by every town department based on one individual who is really loud and says a lot, well, that is transparent. I am not about to get aboard because I am getting pressured by one person who is not happy with the findings.”
RTM Rep. Peter Black, a Republican and an attorney, agreed with Brooks in opposing creation of an ad hoc committee to look into Cooke’s allegations.
“There were many many public meetings over a long period of time. It was an open process,” he said of the P&Z hearings into the town’s ten year Plan for Conservation and Development. Black also noted that the “Board of Selectmen gave Cooke ample time to make his presentations.”
Cooke was now on his feet and he was angry. “This is my fight,” he said. “This is our land that was put upon. I make no bones about that. I have a real problem with the process.”
“If I am wrong, I will apologize,” Cooke promised, “but I am not wrong. I wouldn’t be at it this long if I was wrong. Maybe you will find that it wasn’t all that bad. Maybe you will find a way next time to do it better,” he declared.
With only 9 Republicans on the 30-member predominantly Democratic RTM, and with several Republicans saying they would vote it down, the ad hoc inquiry went down to defeat.
In a subsequent interview, Cooke told the Eagle that he isn’t going away. He will continue to speak out at public meetings. He owns the last great tract of developable land in Branford. He desperately wants to sell it. At one point he suggested a pig farm or a crematorium. Perhaps the town might join forces with him and come up with a plan. ###
The economy will get better one day, and there will be other Churchill & Banks (if not they themselves) who will pursue retail at Exit 56.
In the meantime, my family and other property owners will work to ensure that the zoning process becomes fair, and not one subverted and obstructed by Town Hall agendas.
Regardless how you feel about retail at Exit 56, you might consider asking your RTM representatives to put politics aside and recommend investigations into both Exit 56 AND Tabor Drive.
When it comes to government officals abusing their authority and circumventing due process, you'd be surprised how similar the two situations are.